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EARLE v. VILLAGE OF LINDENHURST

2014-11196

130 A.D.3d 973 (2015)

14 N.Y.S.3d 469

2015 NY Slip Op 06311

DONNA EARLE, Formerly Known as DONNA CIULLA, et al., Respondents, v. VILLAGE OF LINDENHURST, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided July 29, 2015.

Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is granted.

Geraldine Reifschneider (hereinafter the decedent), who suffered from chronic obstructive pulmonary disease and emphysema, collapsed, after losing consciousness, in the bedroom of her home. The decedent's adult son, the plaintiff Harry Reifschneider (hereinafter Reifschneider), who lived with the decedent, called 911. A few...

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